Active
Case Information
Filed: May 14, 2025
Assigned to:
Cristina D. Silva
Referred to:
Daniel J. Albregts
Nature of Suit: Other Immigration Actions
Cause:
8:1105(a) Aliens: Habeas Corpus to Release INS Det
Active
Last Activity:
January 21, 2026
Parties:
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Docket Entries
#1
May 14, 2025
First PETITION for Writ of Habeas Corpus (Filing fee $ 5 receipt number ANVDC-8052503) by Claudia Jerusely Rodriguez Fuentes. (Attachments: # 1 Civil Cover Sheet, # 2 Summons, # 3 Index) (Graf, Angela) (Entered: 05/14/2025)
Main Document:
Petition Writ of Habeas Corpus
May 14, 2025
Case randomly assigned to Judge Cristina D. Silva and Magistrate Judge Daniel J. Albregts. (MAM)
May 16, 2025
Assign Judges in Civil Case
#2
May 19, 2025
NOTICE: Attorney Action Required to 1 -2 Proposed Summons to be issued, ERROR: Proposed summons submitted on incorrect form. Counsel is advised to resubmit on US District Court's form AO 440 Summons in a Civil Action. (no image attached) (LE) (Entered: 05/19/2025)
#3
May 19, 2025
CIVIL COVER SHEET to 1 Petition for Writ of Habeas Corpus by Petitioner Claudia Jerusely Rodriguez Fuentes. (Attachments: # 1 Summons) (Graf, Angela) (Entered: 05/19/2025)
Main Document:
Civil Cover Sheet
May 19, 2025
Notice Attorney Action Required
#4
Jun 11, 2025
SUMMONS ISSUED as to Michael Bernacke, Itzhak Henn, Kristi Noem re 1 Petition for Writ of Habeas Corpus. (ALZ) (Entered: 06/11/2025)
Main Document:
Summons Issued
#5
Jun 23, 2025
SUMMONS Returned Executed by Claudia Jerusely Rodriguez Fuentes re 1 Petition for Writ of Habeas Corpus. Michael Bernacke served on 6/17/2025; Kristi Noem served on 6/17/2025. (Attachments: # 1 Affidavit, # 2 Affidavit)(Graf, Angela) (Entered: 06/23/2025)
Main Document:
Summons Returned Executed
#7
Jun 25, 2025
SERVICE ORDER. It is ordered that the U.S. Marshal SERVE a copy of the petition ECF No. 1 and this order on the United States Attorney for the District of Nevada or on an Assistant United States Attorney or clerical employee designated by the United State Attorney pursuant to Rule 4(i)(1)(A)(i) of the Federal Rules of Civil Procedure. It is further ordered that counsel for the respondents file a notice of appearance by July 3, 2025, and file and serve their response to the petition by July 25, 2025. Signed by Judge Cristina D. Silva on 6/25/2025. (Attachments: # 1 Petition ECF No.1) (Copies have been distributed pursuant to the NEF; cc: USM; cc: Respondents via Certified Mail - MAM) (Entered: 06/26/2025)
#6
Jun 26, 2025
PROPOSED SUMMONS to be issued by Petitioner Claudia Jerusely Rodriguez Fuentes. (Graf, Angela) (Entered: 06/26/2025)
Main Document:
Proposed Summons to be issued
#8
Jun 27, 2025
CERTIFIED MAIL RECEIPTS for 7 Order. (ALZ) (Entered: 06/30/2025)
Main Document:
Certificate of Service
#9
Jul 01, 2025
NOTICE of Appearance by attorney Christian Ramses Ruiz on behalf of Respondents Michael Bernacke, Kristi Noem. (Ruiz, Christian) (Entered: 07/01/2025)
Main Document:
Notice Appearance of Counsel
#10
Jul 03, 2025
CERTIFICATE OF SERVICE for 7 Order. (Attachments: # 1 Certified Mail Receipt)(MAM) (Entered: 07/07/2025)
Main Document:
Certificate of Service
#11
Jul 08, 2025
First AMENDED PETITION for Writ of Habeas Corpus by Claudia Jerusely Rodriguez Fuentes. Adds and removes parties. (Attachments: # 1 Summons Amended AO 440) (Graf, Angela) (Entered: 07/08/2025)
#12
Jul 08, 2025
SUMMONS ISSUED as to Reggie Rader re 11 Amended Petition for Writ of Habeas Corpus. (MAM) (Entered: 07/08/2025)
Main Document:
Summons Issued
#13
Jul 15, 2025
SUMMONS Returned Executed by Claudia Jerusely Rodriguez Fuentes. Reggie Rader served on 7/10/2025. (Graf, Angela) (Entered: 07/15/2025)
Main Document:
Summons Returned Executed
#14
Jul 25, 2025
First STIPULATION FOR EXTENSION OF TIME (First Request) re 1 Petition for Writ of Habeas Corpus, 7 Order,, by Respondents Michael Bernacke, Kristi Noem. (Ruiz, Christian) (extend) (answer) (Entered: 07/25/2025)
Main Document:
Stipulation
#15
Jul 29, 2025
ORDER Approving Stipulation for Extension of Time. Petitioner and respondents have filed a stipulation for an extension of time for respondents to file their response to the petition in this matter. ECF No. 14 . This is the first request for an extension of this deadline. I find good cause exists to approve the stipulation. It is therefore ordered that the stipulation [ECF No. 14 ] is approved. Respondents have up to and including August 1, 2025, to file their response. Michael Bernacke answer due 8/1/2025; Kristi Noem answer due 8/1/2025. Signed by Judge Cristina D. Silva on 7/29/2025. (Copies have been distributed pursuant to the NEF - RJDG) (Entered: 07/30/2025)
#16
Aug 01, 2025
First MOTION to Extend Time (Second Request) re 15 Order on Stipulation,,,,, 1 Petition for Writ of Habeas Corpus, 11 Amended Petition for Writ of Habeas Corpus by Respondents Michael Bernacke, Kristi Noem. Responses due by 8/15/2025. (Ruiz, Christian) (answer) (Entered: 08/01/2025)
Main Document:
Motion Extend/Shorten Time
#17
Aug 05, 2025
ORDER - It is therefore ordered that the motion [ECF No. 16 ] is granted. Respondents have up to and including August 8, 2025, to file their response. Signed by Judge Cristina D. Silva on 8/5/2025. (Copies have been distributed pursuant to the NEF - DLS) (Entered: 08/05/2025)
#18
Aug 09, 2025
Third MOTION to Extend Time (Third Request) re 17 Order on Motion to Extend/Shorten Time,,, by Respondents Michael Bernacke, Kristi Noem. Responses due by 8/23/2025. (Ruiz, Christian) (answer) (Entered: 08/09/2025)
Main Document:
Motion Extend/Shorten Time
#19
Aug 11, 2025
ORDER granting Respondents' 18 Motion for Extension of Time. Respondents have up to and including August 11, 2025, to file their response. Signed by Judge Cristina D. Silva on 8/11/2025. (Copies have been distributed pursuant to the NEF - JLB) (Entered: 08/11/2025)
#20
Aug 11, 2025
ANSWER to 11 Amended Petition for Writ of Habeas Corpus, 1 Petition for Writ of Habeas Corpus, ANSWER to 11 Amended Petition for Writ of Habeas Corpus, 1 Petition for Writ of Habeas Corpus filed by Michael Bernacke, Kristi Noem. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E)(Ruiz, Christian) (Entered: 08/11/2025)
#21
Aug 12, 2025
CLERK'S NOTICE. Attorney Action Required to ECF No. 20 . Document was not filed pursuant to LR IC 2-2(c). The wrong event was selected. The title of the docket entry does not match the title of the document. Counsel is advised to refile ECF No. 20 using the appropriate docket entry title. (no image attached) (LE) (Entered: 08/12/2025)
#22
Aug 12, 2025
MOTION to Dismiss 11 Amended Petition for Writ of Habeas Corpus by Respondents Michael Bernacke, Kristi Noem. Responses due by 8/26/2025. (Attachments: # 1 Exhibit A Removal Documents, # 2 Exhibit B USCIS Declaration, # 3 Exhibit C Request for Evidence, # 4 Exhibit D USCIS Denial, # 5 Exhibit E Receipt of Motion)(Ruiz, Christian) (Entered: 08/12/2025)
Aug 12, 2025
QC Notice
#23
Aug 13, 2025
CERTIFICATE OF SERVICE for 7 Order. (MAM) (Entered: 08/15/2025)
Main Document:
Certificate of Service
#24
Aug 19, 2025
RESPONSE to 22 Motion to Dismiss, by Petitioner Claudia Jerusely Rodriguez Fuentes. Replies due by 8/26/2025. (Attachments: # 1 Exhibit Exhibit A Receipt Notice, # 2 Exhibit Exhibit B PFR, # 3 Exhibit Exhibit C USPS Delivery Confirmation, # 4 Exhibit Exhibit D Emails for Case Status)(Graf, Angela) (Entered: 08/19/2025)
Nov 17, 2025
Minute Order Setting Hearing on Motion
Dec 10, 2025
Motion Hearing
#27
Dec 29, 2025
Motion Extend/Shorten Time
Main Document:
Motion Extend/Shorten Time
#28
Dec 31, 2025
Order Denying the Respondents' Motion to Extend Time and Motion to Dismiss, and Granting in Part the Petitioner's Writ of Habeas Corpus IT IS HEREBY ORDERED that the respondents' motion to dismiss [ECF No. 22 ] and motion to exte nd time [ECF No. 27 ] are DENIED. IT IS FURTHER ORDERED that the petitioner's amended petition for writ of habeas corpus [ECF No. 11 ] is GRANTED in part, as set forth in this order. IT IS FURTHER ORDERED that the respondents must immed iately release Rodriguez Fuentes from custody, and if applicable, subject to any prior order of supervision. IT IS FURTHER ORDERED that the petitioner's request for attorney's fees is denied without prejudice. IT IS FURTHER ORDERED t hat the respondents must file a status report no later than January 7, 2026, advising their status of compliance with this order. The status report must also include the parties' position regarding whether this matter should remain open or can be closed. Signed by Judge Cristina D. Silva on 12/31/2025. (Copies have been distributed pursuant to the NEF - RJDG)
Jan 14, 2026
Minute Order
Jan 21, 2026
Minute Order AND ~Util - Terminate Case
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